Article R131-4 of the French Code of civil enforcement procedures
November 8, 2023
The judge’s decision is enforceable by operation of law.
The judge’s decision is enforceable by operation of law.
The delivery of the writ of execution to the bailiff is equivalent to a power of attorney for any execution for which no special power of attorney is required. The bailiff shall be given an address for service of process in his office.
Notwithstanding the second paragraph of Article R. 141-1, when a title is handed over for enforcement to one of the agents mentioned in article R. 122-2, notifications relating to its enforcement are made to the accountant responsible for recovery. Note of these provisions shall be made in the summons or formal notice to pay.
The person who has requested a compulsory enforcement measure or a precautionary measure may not be present at the enforcement operations except with the authorisation of the enforcement judge when the circumstances so require.
A debtor whose property has already been seized must inform any new creditor who seizes the same property of the existence of a previous seizure and the identity of the person who carried it out. He shall also produce the act of seizure. The same obligation applies to third parties holding assets on behalf of the debtor. The creditor thus informed shall bring to the attention of the other creditors…
The provisions of this Code shall apply to attachments and assignments notified to public accountants, subject to the provisions of this chapter.
Any act of attachment in the hands of a public accountant shall contain, on pain of nullity, a description of the claim attached.
Subject to the provisions of article 6-1 of decree no. 93-977 of 31 July 1993 relating to seizures and assignments notified to public accountants and postal cheque centres or the Caisse Nationale d’Épargne, any act of seizure shall, on pain of nullity, be served on the public accountant assigning the expenditure.
The public accountant referred to in the previous article shall endorse the original of the deed.
If the bailiff responsible for enforcing an enforceable title encounters a difficulty that hinders the course of his operations, he shall draw up a report and may, on his own initiative, refer the matter to the enforcement judge. The rules of ordinary procedure are applicable subject to the following provisions.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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